McMannis v. Butler
New York Supreme Court
mHIS was an action for trespass on real estate described JL as a lot in the city of Eochester, on the south side of Champion street, thirty feet front and eight rods deep. The cause was tried at the Monroe circuit, in January, 1867, and a verdict was rendered in favor of the defendant, under the direction of the court.
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mHIS was an action for trespass on real estate described JL as a lot in the city of Eochester, on the south side of Champion street, thirty feet front and eight rods deep. The cause was tried at the Monroe circuit, in January, 1867, and a verdict was rendered in favor of the defendant, under the direction of the court. The plaintiff proved a deed of a tract of land including the premises in question, from William J. McCracken to Milton Ingersoll, dated and recorded in 1850 ; a mortgage of the lot in question, for $936.40, from Ingersoll to The Eagle Bank of Eochester, dated and recorded in…
1Opinion of the Court
By the Court, James C. Smith, J.
It appears to have been taken for granted, on the trial, that the plaintiff acquired the title in fee, to the premises in question, by his purchase at the foreclosure sale. The defense sought to be established was, that the plaintiff’s title was subject to a public ease*180ment or right of way ; that the locus in quo was a public street; and that the acts complained of were done by the defendant in the rightful exercise of his authority as street superintendent, and by the direction of the common council, who had control of the streets of the city.
The only evidence…
2Cases cited1 opinion
- Dash v. Van KleeckNew York Supreme Court · 1811
3Cited by5 opinions
- In re the Protestant Episcopal Public SchoolNew York Supreme Court · 1870
- McMannis v. ButlerNew York Supreme Court · 1868
- Waller v. ThomasNew York Court of Common Pleas · 1871
- Hill v. NyeNew York Supreme Court · 1879
- McCahill v. HamiltonNew York Supreme Court · 1880